PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:                 29 July 1999             
	DOCKET NUMBER:         AR1998013631

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Loren G. Harrell		Director	
	Ms. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Mr. Charles H. Loundermon		Chairperson	
	Ms. Shirley L. Powell		Member	
	Mr. Curtis L. Greenway		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests, in effect, that his DD Form 214 (Report of Separation from the Armed Forces of the United States) be corrected to show that he was awarded the Purple Heart for injuries sustained in Chorwon, Korea, on Pork Chop Hill.

3.  The applicant states, in effect, that he was awarded compensation from VA effective 23 January 1953 for a gunshot wound, upper end of his sternum with retained foreign body and injuries to his left wrist and right flanks which occurred on or about 27 June 1950.  In support of his application he submits a copy of his VA Compensation Letter dated 28 July 1953, copy of his DD Form 214 and a copy of NA Form 13045 (Informal Information Reply).

4.  The applicant’s military records were lost or destroyed in the National Personnel Records Center fire of 1973.  Records available to the Board were obtained from alternate sources and show he was inducted on 15 February 1951. He served in Korea and was honorably discharged on 22 January 1953.

5.  The applicant’s DD Form 214 shows he was awarded the Korean Service Medal with one bronze service star, the United Nations Service Medal and the Combat Infantryman Badge.  His discharge document does not show the Purple Heart as an authorized award.

6.  Item 29 (Wounds Received as a result of Action with Enemy Forces) of the applicant’s DD Form 214, which was authenticated in his own hand, shows the entry “NONE”.  There is no record that the applicant was awarded the Purple Heart.  There also is no indication that he was wounded as a result of hostile action.

7.  Item 15 (Inducted) of the applicant’s DD Form 214 shows he was inducted on 15 February 1951; however, the applicant states that his wound occurred on or about 27 June 1950, which is prior to his induction.

8.  A DA Form 1577 (Authorization for Issuance of Awards), dated 20 May 1992, shows the Army Reserve Center in St. Louis, Missouri, determined the applicant was entitled to the Good Conduct Medal, the National Defense Service Medal and the Republic of Korea Presidential Unit Citation Badge

9.  Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for a wound sustained as a result of hostile action.  Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment, and the medical treatment must have been made a matter of official record.

CONCLUSIONS:

1.  There is no medical evidence of record available to the Board, and the applicant has provided no evidence, which shows he was injured or wounded due to hostile action while serving in Korea.  Therefore, he is not entitled to the award of the Purple Heart.

2.  The Board noted the applicant’s contentions that he was wounded on or about 27 June 1950, which was prior to his induction.  There is no evidence in the available records, and the applicant has provided no evidence, to show that he was in military service on or about 27 June 1950.

3.  The applicant was awarded the Good Conduct Medal, the National Defense Service Medal and the Republic of Korea Presidential Unit Citation Badge; therefore, he is entitled to correction of his records to show these awards.

4.  In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, but only as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing in item 27 (Decorations and Awards) of his DD Form 214 that he was awarded the Good Conduct Medal, the National Defense Service Medal and the Republic of Korea Presidential Unit Citation Badge.

2.  That so much of the application as is in excess of the foregoing be denied. 

BOARD VOTE:  

CHL____  SLP_____  CLG____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Charles H. Loundermon_
		        CHAIRPERSON

INDEX

CASE ID	AR1998013631	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990729	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19530122	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  61		
2.		
3.		
4.		
5.		
6.